Lyca Dilse Radio Request to change Format CONSULTATION: Publication date: 30 April 2021 Closing date for responses: 28 May 2021 Contents Section 1. Overview 3 2. Details and background information 4 3. Consideration of the request and Ofcom’s preliminary view 6 Annex A1. Responding to this consultation 10 A2. Ofcom’s consultation principles 12 A3. Consultation coversheet 13 A4. Consultation question 14 A5. Format change request from Lyca Dilse Radio 15 A6. Other commercial and community radio stations in the Greater London licence area 19 1. Overview A commercial radio station’s Format sets out the type of broadcast output it is required to deliver, and forms a part of its licence. Formats may include requirements relating to a station’s music output, news provision, other types of speech content, its target audience, the volume and origin of locally-made programmes, and any programme sharing arrangements. Taken together, these elements encapsulate the nature and overall character of a licensed service. When a request to change a Format constitutes a significant departure from the character of service, the request is subject to consultation. This document outlines the request received from Lyca Media II Ltd with regard to its local radio broadcasting licence for the Greater London area, which broadcasts as ‘Lyca Dilse Radio,’ and Ofcom’s preliminary view on the request to change the character of service. What we are consulting on – in brief Lyca Media II Ltd wishes to change the ‘Character of Service’ of one of its Greater London licences, which broadcasts as ‘Lyca Dilse Radio’, from: “An interactive speech-based station targeted at over-35s in the various Asian communities around London, accompanied by a mix of popular forms of music appealing to the target audience. Speech (expected to comprise at least half of daytime, and maybe less out of daytime) may be in English but should encourage a multi-lingual environment.” to: “A retro Asian music radio station targeting over 40-year old Asians in London. Playing music from 50s to 90s era & no current music. Also inclusion of lifestyle speech.” We have taken a preliminary view on the request and are minded to grant it. However, we are seeking views on the request before we make a decision. The consultation closes at 5pm on 28 May 2021. 3 2. Details and background information 2.1 The licence for each local analogue commercial radio service contains a ‘Format’ which describes the type of programme service the licensee is required to provide. Part of that Format is a description of the ‘Character of Service’ of the station. 2.2 Licensees can make requests to Ofcom to change their Character of Service (‘Format change requests’) in accordance with their licence conditions and relevant statutory provisions. These are described below. 2.3 Lyca Media II Ltd (‘Lyca’) has submitted the following Format change request to Ofcom to change the ‘Character of Service’ of one of its Greater London AM licences, which broadcasts as ‘Lyca Dilse Radio’, from: “An interactive speech-based station targeted at over-35s in the various Asian communities around London, accompanied by a mix of popular forms of music appealing to the target audience. speech (expected to comprise at least half of daytime, and maybe less out of daytime) may be in English but should encourage a multi-lingual environment.” to: “A retro Asian music radio station targeting over 40-year old Asians in London. Playing music from 50s to 90s era & no current music. Also inclusion of lifestyle speech.” Licence conditions and statutory framework 2.4 Conditions included in the licence pursuant to section 106(1A) of the Broadcasting Act 1990 (as amended) (the ‘Act’), provide that Ofcom may consent to a change of a Format (a departure from the character of the licensed service) only where we are satisfied that at least one of the following five statutory criteria is met: a) that the departure would not substantially alter the character of the service 1; b) that the departure would not narrow the range of programmes available by way of relevant independent radio services to persons living in the area or locality for which the service is licensed to be provided; c) that, in the case of a local licence, the departure would be conducive to the maintenance or promotion of fair and effective competition in the area or locality; or d) that, in the case of a local licence, there is evidence that, amongst persons living in that area or locality, there is a significant demand for, or significant support for, the change that would result from the departure; or e) that, in the case of a local licence (i) the departure would result from programmes included in the licensed service ceasing to be made at premises in the area or locality 1 The legislation requires Ofcom to have regard to the selection of spoken material and music in programmes when determining what the character of the service in question is. 4 for which the service is provided, but (ii) those programmes would continue to be made wholly or partly at premises within the approved area as defined in section 314 of the Communications Act 2003 (local content and character of services). 2.5 Under section 106ZA of the Act, Ofcom is required to hold a public consultation on a proposed Format change unless criterion (a) or (e) is satisfied. 2.6 In relation to criterion (b), national and regional analogue commercial services, local DAB services and BBC services do not fall within the definition of ‘relevant independent radio services’ (by virtue of section 106(7) of the Act). Accordingly, only local analogue commercial and community radio services are taken into account in considering whether the Format change requested would narrow the range of programmes available. 2.7 The legislation leaves the decision as to whether to permit a change, even if one of the above statutory criteria is satisfied, to Ofcom’s discretion. There may be reasons (depending on the particular circumstances of the case) why Ofcom may not consent to the proposed change, notwithstanding that one of the statutory criteria is met. We have set out on our website, factors we use to help us judge whether a request of this kind should be approved. We also take account of our general statutory duties, including: a) our principal duty to further the interests of citizens and consumers; b) our duty to secure the availability throughout the UK of a wide range of television and radio services which (taken as a whole) are both of high quality and calculated to appeal to a variety of tastes and interests (including specifically a range and diversity of local radio services), as well as the maintenance of a sufficient plurality of providers of different services; and c) our duty to have regard to the different interests of persons in the different parts of the UK, of the different ethnic communities within it and of persons living in rural and in urban areas. 5 3. Consideration of the request and Ofcom’s preliminary view 3.1 The proposed change to the ‘Character of Service’ part of the Format of the licence owned by Lyca is the subject of this consultation. It has been made on the basis that criterion (b) of section 106(1A) of the Act is met: that the proposed change would not narrow the range of programmes available by way of relevant independent radio services to persons living in the relevant licence area. As noted above, Ofcom has a discretion to consent to a change request where section 106(1A)(b) is met. 3.2 For the reasons that follow, we are minded to consent to Lyca’s request. We are seeking respondents’ comments on our preliminary view. Preliminary view 3.3 In Ofcom’s preliminary view, the change to the ‘Character of Service’ requested by Lyca would significantly alter the nature of the station’s programming and target audience. The change would replace a speech-based service (which should “encourage a multi-lingual environment”) for South Asian listeners aged over 35 with a music-based station playing non-contemporary Asian music aimed at South Asian listeners aged over 40. On that basis, we do not consider that criterion (a) in section 106(1A) is met, and criterion (e) in section 106(1A) is not relevant to this request. Since we are not proceeding on the basis of criterion (a) or (e) being met, Ofcom is required to consult on the proposed approval of the request. 3.4 Ofcom is therefore consulting on the ‘Character of Service’ change request in accordance with section 106ZA, specifically whether it satisfies statutory criterion (b) and whether, if it does, it would be appropriate for Ofcom to exercise its discretion to approve the request. Criterion (b) is satisfied where the change would “not narrow the range of programmes” available locally, so requires us to compare how the current and proposed revised character of service contribute to the range of programmes available on services locally. 3.5 For the purpose of considering whether we think that criterion (b) could be satisfied, we have taken into account the Formats and Key Commitments of all the other analogue (i.e. AM or FM) local and community radio services broadcasting within all of, or to a significant part of, the Greater London area served by Lyca Dilse Radio. 3.6 The analogue local commercial radio stations which broadcast within all of, or to a significant part of, the Greater London licence area served by Lyca Dilse Radio and the ‘Character of Service’ of each, are listed overleaf: 6 Station name Character of service (licence area) Asian FX (North A contemporary Asian/urban music-led station for young British Asians London AM) aged 15-44 featuring the music of British Asian artists and the latest/classic Bollywood tracks and world music.